Terms and Conditions of Sale
The following terms and conditions shall govern the sale by NicksTruckParts.com. (hereinafter referred to as "NTP") to Customer on orders for products sold by "NTP". By accepting delivery of the product described on the invoice, Customer agrees to be bound by and accepts these terms and conditions. "NTP" reserves the right to change these terms and conditions without prior written notice at any time, at "NTP" sole discretion.
OTHER DOCUMENTS DO NOT APPLY
These terms and conditions may not be supplemented, altered or modified by the use of any other document(s). Any attempt to modify these terms and conditions will be null and void unless agreed to in writing by an authorized officer of "NTP".
TITLE AND RISK OF LOSS OR DAMAGE DELIVERY
Title and risk of loss shall pass to Customer upon shipment from "NTP" facility, or a manufacturer's facility, as applicable. Unless otherwise agreed in a written agreement between Customer and "NTP", "NTP" may deliver the products ordered in installments. Any delivery or anticipated shipment dates are estimates only and "NTP" is not liable for, and expressly disclaims any loss, damage, cost or expense associated in any way with failure to deliver in accordance with a specific delivery or shipment date.
All exchanges and returns require a Return Authorization number, which can be obtained by sending a message through the Contact Us link. All return requests must be in writing (including email). All returned products must be in resalable condition, and in original packaging. Products and packaging cannot be damaged or marked. Returns will be authorized for standard stocking items purchased within the last 30-days. Return requests for items purchased after the 30-day period will be reviewed and an analysis performed to determine demand by "NTP" in its sole discretion. If the part is approved for return, a restocking fee will be applied. Re-stocking fees apply to all returned merchandise but the fee may vary on the product line and/or vendor. Contact firstname.lastname@example.org with any questions. If any item is classified as obsolete, slow moving or non-stocking, the return authorization will be declined. Returns totaling over $500.00 or 10 items are subject to the same approval process and will incur a restocking fee. Return shipping charges must be paid by Customer. Items returned without prior approval may be refused. "NTP" reserves the right to deny any return based on any criteria as determined by "NTP". Customer must return item/items within 10 (ten) days of receipt of Return Authorization. After authorization of the return and receipt and inspection of the approved merchandise, credit will be issued at the current dollar amount or amount valid at time of purchase as determined by "NTP". The refund will be applied to the credit card or other methods of payment initially used to make the purchase. NOTE: In order to ensure that we issue your refund without delay, you must follow the complete return process. We would be happy to help you if you need assistance. Contact "NTP" at 1-570-945-6000 or Email email@example.com.
"NTP" will accept returned merchandise for up to 30 days from the date you originally received it. However, items received after the 30 day return period will not be accepted for a refund, and your package will be returned to you. If we receive the same late return package a second time, "NTP" will keep your merchandise and no credit will be issued.
VISIBLE DELIVERY DAMAGE
Customer may refuse to sign for a shipment if it its determined that the shipment was damaged in delivery. Customer MUST contact firstname.lastname@example.org within 24 hours of the refusal.
RECEIPT OF DAMAGED ITEMS/ WRONG ITEMS
Customer upon inspection may return a damaged item by contacting email@example.com within 3 days of the receipt of damaged item. Customer must return item in it's original packaging and item must not have been tampered with in anyway. Customer will receive a Return Authorization pre-paid by nickstruckparts.com. If, after analysis by the manufacturer, it is determined that the item was altered after receipt by customer, customer will be charged for the return of the item and no refund will be given. If after inspection by the manufacturer, it is determined that the customer received a damaged item, customer will be offered a replacement ( if available ) or a full refund for the merchandise returned including the original shipping charge for that item.
If Customer receives an item other than what was ordered, customer must notify firstname.lastname@example.org within 7 days of the receipt of order and request a Return Authorization ( via e-mail or postal mail). Customer may request a replacement item or cancel original order, without penalty, at that time.
Customer may cancel an order without charge if done within 24 hours of ordering. If customer cancels an order after the order has been shipped customer will be responsible for all shipping charges to return the order plus a minimum of 15% re-stocking fee.
NOTE: If an order is cancelled by customer prior to the order being shipped and after 24 hours from placing the order, customer will be responsible for the credit card processing fees that Nick's Truck Parts incurred when the order was processed.
IF APPLICABLE AND PERMITTED, "NTP" WILL TRANSFER THE MANUFACTURER'S WARRANTY FOR THE PRODUCT. ALL RECOURSE UNDER THE WARRANTY, IF ANY, SHALL BE TO THE MANUFACTURER AND "NTP" SHALL HAVE NO RESPONSIBILITY OR DUTY WITH RESPECT TO SUCH WARRANTY. ALL PRODUCTS ARE SOLD "AS IS" WITH ALL FAULTS WITHOUT WARRANTY FROM "NTP" OF ANY KIND, EITHER EXPRESSED OR IMPLIED. "NTP" AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. "NTP" AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, OR COSTS OF REPLACEMENT GOODS, EVEN IF "NTP" OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL "NTP" BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO FAILURE OF ESSENTIAL PURPOSE, DEFECT, REPLACEMENT COST OR LOSS OF USE OF ANY KIND, EVEN IF "NTP" OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER'S SOLE RIGHTS UNDER THIS AGREEMENT ARE TO RETURN THE PRODUCT UNDER THE RETURN POLICY SET FORTH ABOVE. IF ANY LAW OR COURT FINDS THIS LIMITATION OF LIABILITY OR ANY PART OF IT UNENFORCEABLE, CUSTOMER'S SOLE REMEDY SHALL BE REFUND OF THE PURCHASE PRICE FOR THE PRODUCT.
JURISDICTION AND VENUE
The laws of the Commonwealth of Pennsylvania will govern these terms and conditions, without giving effect to any principles of conflicts of laws. "NTP" reserves the right to make changes to the products offered and to these terms and conditions at any time, without notice or consent. You must file any claim or cause of action arising under these terms and conditions in a state or federal court nearest to Scranton, PA, which shall be the exclusive venue, within one year after any claim arises.